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Legal Rights of Unmarried Fathers

What Are My Legal Rights as an Unmarried Father in Maryland?

As an unmarried father in Maryland, you have certain legal rights and responsibilities. The law recognizes the importance of both parents in a child’s life, regardless of their marital status. However, it’s important to note that these rights aren’t automatic for unmarried fathers.

In Maryland, an unmarried father must establish paternity to have legal rights to his child. This can be done voluntarily by both parents signing an Affidavit of Parentage at the hospital when the child is born or later at the local health department. If there’s a dispute over paternity, a court can order a DNA test to confirm the biological connection.

Once paternity is established, you have the right to seek custody and visitation. You also have the responsibility to financially support your child. However, the specifics of these rights and responsibilities can be complex, and it’s often beneficial to consult with an experienced family law attorney to navigate this process.

Can I Get Joint Custody of My Child?

Yes, unmarried fathers in Maryland can seek joint custody of their children. Joint custody can be joint legal custody, where both parents have an equal say in major decisions about the child’s life, or joint physical custody, where the child spends roughly equal time with both parents.

The court will consider several factors when deciding whether to grant joint custody, including the ability of the parents to communicate and cooperate, the willingness of each parent to share custody, and the child’s relationship with each parent.

How Can I Secure Custody or Visitation Rights to My Child?

Securing custody or visitation rights as an unmarried father in Maryland involves several steps. First, you must establish paternity, as mentioned above, and once paternity is confirmed, you can petition the court for custody or visitation rights.

In Maryland, the court’s primary concern is the best interest of the child. This means the court will consider several factors when determining custody and visitation arrangements. These factors include the child’s age, the child’s relationship with each parent, the ability of each parent to care for the child, and the child’s adjustment to home, school, and community.

What If the Mother of My Child Refuses to Allow Visitation?

If the mother of your child refuses to allow visitation after the court has granted you these rights, she could be held in contempt of court. In Maryland, both parents are expected to adhere to the court-ordered custody and visitation schedule. If one parent consistently violates this schedule, the court can impose penalties, including fines and even jail time.

Can I Modify My Custody or Visitation Order?

Yes, you can request a modification of your custody or visitation order in Maryland. However, you must show that there has been a material change in circumstances since the original order was issued, and that a modification would be in the best interest of the child.

What If I’m Denied Visitation Rights Due to My Criminal Record?

In Maryland, having a criminal record does not automatically disqualify you from having visitation rights. However, the court will consider your criminal history when determining what is in the best interest of the child. If your criminal record includes offenses that could put your child at risk, such as violent crimes or drug offenses, it may impact your ability to secure visitation rights.

Can I Be Denied Custody or Visitation If I’m Not Financially Stable?

Financial stability is one of the factors the court considers when determining custody and visitation arrangements. However, it’s important to note that financial instability alone does not automatically disqualify you from having custody or visitation rights. The court’s primary concern is the best interest of the child, and this includes a variety of factors, not just financial stability.

What If I Can’t Afford to Pay Child Support?

If you’re an unmarried father in Maryland and you’re struggling to meet your child support obligations, it’s crucial to take action promptly.

Ignoring the problem won’t make it go away and could lead to serious legal consequences, including wage garnishment, property liens, and even jail time.

Maryland law allows for the modification of child support orders if there’s been a significant change in circumstances. This could include a job loss, a reduction in income, or an increase in the cost of living.

What If My Child’s Mother Moves Out of State?

If the mother of your child decides to move out of state, it can complicate your custody and visitation arrangements. In Maryland, a parent cannot move a child out of state without the consent of the other parent or a court order. If the mother of your child is planning to move and you do not agree with the move, you should file an emergency motion with the court to prevent the relocation.

What If I’m Not the Biological Father of My Child?

In Maryland, if you’ve signed an Affidavit of Parentage or have been named as the father on the child’s birth certificate, you’re legally recognized as the father, even if you’re not the biological father. This means you have the same rights and responsibilities as a biological father, including the right to seek custody and visitation and the obligation to pay child support.

However, if you discover that you’re not the biological father of your child, you may be able to challenge your paternity status. This typically involves filing a motion to disestablish paternity with the court and may require a DNA test.

What If I’m Not on My Child’s Birth Certificate?

In Maryland, if you’re not listed on your child’s birth certificate, you can still establish paternity and secure your rights as a father. This can be done by both parents signing an Affidavit of Parentage or through a court-ordered DNA test. Once paternity is established, you can seek custody and visitation rights.

Navigating the legal system as an unmarried father can be complex and challenging. An experienced family law attorney can help you understand your rights and guide you through the process. If you’re an unmarried father seeking to protect your rights, call Paré & Associates today at 301-515-1190 for a free case evaluation!




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One-stop resource with expert articles, a community forum, free DIY divorce forms, and a marketplace of on-demand divorce professionals. The marketplace has on-demand access to divorce professionals, like lawyers, custody experts, mediators, & more online divorce, divorce forum, online divorce lawyer, free divorce forms Take charge of your divorce with educational articles written by experts in family law, divorce, child custody, divorce and life coaching, child psychology, accounting, and more.

Planning Before and After Divorce

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Divorce can be an emotional process. However, when emotions run high, many people forget to focus on their financial survival pre- and post-divorce. Not preparing yourself financially for divorce can be a massive mistake and leave you and your family struggling.

At Leigh Daniel, Attorney at Law, our compassionate family law attorneys can help guide you through the divorce process. Our experienced legal team can formulate a strategic financial plan for you and your family so that divorce leaves you in the best financial position possible.

Divorce financial planning should be a significant component of any divorce or legal separation, especially in cases involving high-net worth divorces. To discuss your situation and how our family law attorneys can help you with financial planning during and after divorce, contact our Alabama office and request a confidential case consultation.

Strategic Financial Separation Before Divorce

It is crucial to involve a skilled divorce attorney early in the separation process. An attorney can offer proactive advice on preemptively segregating finances from your spouse and untangling joint accounts to safeguard your assets.

Without legal assistance, it is easy to make mistakes that can appear to a judge as if you are cutting off your partner financially or hiding assets so they cannot be divided equitably. Experienced divorce attorneys can complete an intensive financial inventory of your assets and debts. They may work with a forensic accountant to locate all marital assets for distribution.

Here are some key financial planning moves to make leading up to a divorce:

  • Collect all vital documentation about your financial situation. This might include paystubs, tax returns, bank statements, mortgage paperwork, and other documentation regarding real estate ownership, investment accounts, statements for retirement accounts, and family expenses.
  • Make a list of your assets. Asset division is sometimes one of the most contentious aspects of divorce. Help your lawyer with a clear list of assets and their estimated value. Make a separate list for marital and separate assets. Property earned during the marriage, subject to a prenuptial agreement, or received through an inheritance or a gift is generally considered separate property. In contrast, marital property is everything else acquired during the marriage.
  • Make a list of your and your ex-spouse’s debts. Consider running credit reports so that you do not miss anything.
  • Consider working with a financial advisor. A financial planner may be able to help you make sense of your finances and create a manageable budget before and after divorce. Financial planners can also address your financial concerns, discuss potential tax implications of various options to resolve your divorce, and provide an honest assessment of your family finances.

Going through a divorce can be difficult, but an experienced divorce attorney can provide you with the knowledgeable guidance you need during this time to secure a fair settlement.

Addressing Joint Financial Responsibilities

As a married couple, you and your spouse are equally responsible for your household’s shared financial responsibilities, debts, and assets. A family law and divorce attorney can help you understand your legal and financial obligations and offer strategies regarding asset distribution.

Alabama subscribes to the equitable distribution model for dividing assets that are considered marital property. The equitable distribution model assumes that the couple shares all marital property and debts and that both should be divided fairly and equitably when the couple divorces. Equitable distribution does not amount to a 50-50 split. It only means that assets and debts are divided fairly and equitably based on factors a judge deems relevant to the case.

Addressing joint financial responsibilities means identifying and categorizing debts, identifying all marital property, and collaborating on division strategies. A stay-at-home parent may not contribute measurable income. However, they significantly contribute to their partner’s earning potential, ease the burden of childcare costs, and build a stable home environment. Identifying how each partner contributes to the stability of the household and determining each partner’s financial obligations and future needs is vital.

An attorney and financial advisor can help you understand the legal complexities of financial obligations, taxes, and shared debts while offering recommendations for post-divorce financial planning.

Creating a Sustainable Budget for Transition

One of the most frightening aspects of divorce is understanding how to manage your financial life after divorce proceedings have wrapped up. Devising a realistic budget reflecting your after-divorce finances is the best way to keep you and your family on track. An experienced divorce attorney can help you understand your financial situation after divorce so you can work toward establishing a budget that addresses your new life and potential income shift as a newly single person.

When setting up your finances for transition following divorce, some key considerations include:

  • Establishing a new budget
  • Reviewing your tax withholdings
  • Reviewing and altering your retirement plans
  • Reassessing insurance coverage options
  • Making plans to build an emergency fund

Establishing your independence after divorce means taking proactive steps to manage your finances. You must review your cash flow, evaluate your lifestyle, and make informed financial decisions.

Spousal support, a payment that one spouse makes to the other when their incomes and earning capacities significantly differ, may help with this transition. An experienced divorce attorney can explain whether you qualify for this financial support.

Long-Term Financial Wellness Post-Divorce

financial planning after divorcing in AlabamaWhat does your long-term financial wellness look like after divorce? First, your long-term financial wellness rests, in part, on following the stipulations outlined in the divorce decree. That means complying with all court-ordered alimony, child support payments, and other legal and financial obligations. Don’t skip payments or cancel health insurance policies without getting input from your attorney. Avoiding court-ordered financial obligations can jeopardize your legal standing and long-term financial health.

Part of your long-term financial health is making sure the decisions you make during the divorce process protect your financial interests. For example, many spouses may want to be awarded the primary residence. However, your financial needs might be better met by receiving retirement assets from your former spouse through a qualified domestic relations order. An experienced family law attorney and financial professional can discuss tax and financial considerations for your various options.

Next, take a closer look at your financial strategies. Evaluate your financial goals and timeline for specific life events, such as your child’s education and retirement. Do you need to revise timelines? Do you need to reassess your investment contributions? Adjust your saving strategies to ensure you have what you need for emergencies and the future. A divorce can derail your plans and financial well-being, but you can get things back on track with careful and strategic financial planning and diligent budgeting. Soon, you’ll be back on the path to financial growth, productivity, and independence.

Other Suggested Tips for Financial Planning When Divorcing

You have a lot to think about when going through the process of divorce. However, you mustn’t forget these other financial planning tips that can fall through the cracks when managing more significant financial decisions. Consider these strategies for stabilizing your financial situation after divorce:

  • Open new accounts to establish a new credit identity as a single person.
  • Check your credit score periodically.
  • Reassess your tax planning strategies.
  • Establish a new budget.
  • Change your online passwords.
  • Update insurance coverage.

You might also want to meet with an estate planning attorney. Many spouses name the other spouse as their primary beneficiary on their life insurance policies and other assets. You may need to update your beneficiary designations and estate plan to reflect your current situation.

An Experienced Family Law Attorney Can Help

Leigh DanielHow can you financially prepare for divorce? It’s easier with the help of an experienced Alabama divorce attorney. At Leigh Daniel, Attorney at Law, our supportive legal team can help you navigate the divorce process and create a stable financial future for yourself and your family.

Contact a skilled divorce attorney with Leigh Daniel, Attorney at Law, for compassionate and personalized financial and family law advice. Request your confidential case evaluation today.


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Protecting Your Mental Health in Divorce

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Protecting Your Mental Health in Divorce | The Divorce Magazine





































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Automatic Restraining Orders in a Massachusetts Divorce: Agreeing How Funds Can Be Used

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#shorts #affordlaw #massachusetts #affordabledivorce #affordabledivorcelawyer #divorce #automatic #automatic

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Making It as a Strong Single Mom After Divorce

For those who are mothers, you know it’s one of the most beautiful roles in the world. It is also one of the hardest. When you add the stress of divorce, the burden of bills and expenses to cover solo, and the feeling of aloneness, it can feel unsurmountable; like the weight of the world is on your shoulders, and you’re unsure of where your shoulders have gone. But you must remember, you’ve already conquered some of life’s toughest hurdles. From pregnancy to divorce, you’ve navigated troubling times, proving your strength and resilience. Now, it’s time to remember her, to cultivate her, the empowered, independent woman you are becoming. You are powerful and you deserve to flourish. This article will examine the challenges single mothers face and provide strategies not only for being strong for your children but also for prioritizing your own well-being.

Coping with the Loss of A Partner

Give yourself permission to grieve the end of your relationship and be patient with yourself. Divorce is a major happening that can evoke all the feelings in the universe. As the negotiation fades behind you, it’s important to not suppress the emotions coming up. Find someone you trust to confide in and consider professional help. If there was ever a time that justified therapy it’s now. While it may feel too much to process your emotions while balancing the responsibilities of single motherhood, you have to carve out the time to find yourself. Allow yourself safe space and time to fully experience your feelings, whether it’s taking a day off work or dedicating a few hours to release pent-up emotions through crying or venting.

If you’re struggling with feelings of loneliness, remember that it’s common to feel disconnected from others after the end of a marriage. Just to cope, you may have neglected other relationships. And now with the marriage over, you may (or may not) be mourning the loss of your life partner and the dreams you shared. Or maybe you’re just missing the familiar routines you and he settled into. While it’s important to shield your children from adult issues, reach out to friends and adult family members when you are feeling empty like this. Let them know you could use a hand or that shoulder to cry on. Try to seek out positivity. Identify those who understand what you’re going through and can provide you with the support you need.

Finding Your Community

Reconnecting with your existing friends and support network is a crucial step in overcoming the feelings of isolation and otherness that often accompany divorce. Your friends and family may know of your recent divorce but are unsure of how to offer their support. Get over your shyness and ask for help or simply invite them to spend time with you. Surrounding yourself with loved ones who care can make you feel stronger and reassured. Use this opportunity to reignite old friendships that may have been neglected during your marriage. Invite your friends to join you for lunch, a happy hour, or to explore a new restaurant, or activity. Focus on things that interest you and bring you joy, and don’t underestimate the power of a simple conversation or outing to lessen the loneliness and awaken your spirit.


Consider reading “How Long Does It Take to Get Over a Divorce?”


Additionally, consider seeking out divorce support groups in your area where you can connect with others who are navigating similar challenges. The ideal group provides a safe space to share your experiences, seek guidance, and receive support from people who understand what you’re going through. Similarly, there are support groups specifically tailored to single mothers, offering a sense of camaraderie and solidarity as you adjust to your new role. Having an outlet where you can be vulnerable can be incredibly healing and empowering as you navigate this transitional period post-divorce.  

Rebuilding Your Self-Esteem

Rebuilding your self-esteem after a divorce can be a slow process for many, but it’s essential for recovery. The first step is to practice kindness towards yourself. Instead of blaming yourself for the end of the marriage, acknowledge that it’s okay for things not to have worked out. While it’s natural to be your own harshest critic, it’s equally important to be your own biggest supporter. Look back on your accomplishments, no matter how small, and extend the same compassion to yourself that you would to a friend in a similar situation. Remind yourself of your strengths and positive qualities, both inside and out, by starting each day with affirmations. Reflect on three things you appreciate about yourself internally and externally, gradually retraining your brain, reinforcing self-love and acceptance. Consistently practicing these affirmations can help solidify your belief in yourself and your capabilities.

Once you’ve established a foundation of self-appreciation, it’s time to envision the person you want to be.

Define the qualities, interests, and happiness factors of your ideal self and take actionable steps to embody that vision. Does that sound too lofty? 

Begin slowly then by exploring ideas and activities that bring you joy, whether it’s spending outdoor time with your children, indulging in personal hobbies, reveling in the joy of a girls’ weekend with your pals, or pampering yourself with small niceties. Embrace changes, whether they’re physical transformations or shifts in personal style, as part of your journey toward the full you. Treat yourself with things or rewards that uplift your spirit. If you’ve always wanted to cut your hair, or dye it, or wear a leather jacket, don’t shy away from trying it out. This is the stage where you are finding yourself and you actually get to try everything out. Prioritize self care after divorce and cultivate a positive relationship with your body, appreciating it for all that it has helped you survive.

Beyond physical attributes, prioritize nurturing your inner self. Dedicate time each day to detox from tech, that is disconnect from digital distractions and read, write, or listen to music or motivational podcasts. Whether it’s delving into inspiring literature, journaling your thoughts, or immersing yourself in music, these experiences activate your brain in a way that fosters self-reflection and personal growth. By experiencing and exploring new things, you’re taking proactive steps toward rewiring your brain and releasing old messaging.  The new message needs to be said, time and again, you are strong, capable, and deserving of all the goodness life has to offer.

Managing Your Finances

Your financial situation may have drastically changed after the divorce. While it’s tempting to ignore the numbers, it’s crucial to assess your financial standing promptly, both for yourself and your children.

Even if you receive spousal or child support, being a single parent can strain your finances. You might need to work longer hours or seek new job opportunities to provide for your family adequately. Take a look at what your expenses are and review your bank statements meticulously. Consider seeking guidance from a financial planner or friend who is money savvy to gain a clear understanding of your financial landscape. They can provide valuable insights and help you plan for the future. Additionally, it’s essential to have an open conversation with your Ex about coparenting responsibilities and financial arrangements for the children. Ensuring their well-being should be a top priority for both of you.


If it relates, check out “41 Things to Remember When Coparenting with a Narcissist.”


If you’re solely responsible for raising your children, communicate with them about any necessary adjustments to your family lifestyle. Reassure them of your love and commitment while explaining any changes, such as cutting back on certain expenses. Involving them in the process early on can help them adjust more easily. Establishing a new routine is key, and involving your children can make them feel included and important. Remember, it’s okay to ask for help. Whether it’s delegating household chores to your children or seeking support from friends and family, letting people know your needs can ease the transition. 

Establishing a Healthy Parent-Child Relationship

Being a strong mother involves caring for your children’s emotional well-being. Regularly check in with them to see how they’re coping with the divorce. Even when the divorce is finished, they may be struggling, and it’s important to provide them with a safe space to express their feelings. Consider seeking counseling for both your children and yourself. Your strength is not diminished by seeking support. At SAS for Women, we’d argue that getting help enhances it.


Hear from other women like you. Check out “8 Things Divorced Moms Want Divorcing Moms to Know.”


Divorce can cause children to act out as they seek attention and stability. Reassure your child of your unwavering love while setting clear boundaries. Even on busy days, take the time to connect with your children and maintain open communication. Coparenting discussions with your Ex are essential to ensure consistency in rules and routines between households. For instance, if one parent allows the children to stay up late, it can create confusion and resentment of the other parent’s household rules. Additionally, some children may attempt to manipulate one parent against the other. Working together with your Ex fosters unity and stability, ensuring a supportive environment for your children.  

But if you and your spouse cannot agree on “universal rules,” let the ideal go. And make sure your kids are clear about the rules in your house.

Maintaining good communication with your children is also important when you might (or might not) consider re-entering the dating scene, too. The last thing your child wants is to feel replaced in your heart, but having honest conversations with them about your openness to dating again can help prepare them. 

Ultimately, being a powerful and compassionate mother means being there for your children emotionally, providing guidance, and setting boundaries. Your love for them is unwavering, and by nurturing a strong parent-child relationship, you empower them to thrive despite life’s challenges. Set an example as a powerful and fierce female role model for them to emulate.


For inspired steps to take, check out “100 Must Do’s for the Newly Divorced Independent Woman.”


Conclusion

Being a single mother presents numerous challenges, but with resilience and determination, you can overcome them. Begin by allowing yourself to grieve the end of the relationship. Suppressing your emotions will only hinder your ability to move forward. Embrace the opportunity to celebrate the emergence of the new, empowered you. Surround yourself with a supportive community to aid you through the grieving process. While it’s essential to initially process your emotions independently, seeking support from others is equally important. Whether it’s your existing social circle or a new group of like-minded individuals, find a community where you feel understood and supported.

Next, focus on cultivating self-love and acceptance. Whether through internal growth or external changes, strive to become the person you aspire to be. Invest in yourself and embrace the journey of self-discovery. Additionally, prioritize your financial well-being by evaluating your expenses and creating a realistic plan for your single life. Seeking guidance from a good financial planner person can offer valuable strategies for managing your finances effectively.

Especially, prioritize your children’s well-being. Maintain open communication with them, regularly checking in on their emotional state and spending quality time together. Establishing a healthy coparenting routine, if possible, can provide stability and consistency for your children in their dual household environment. 

Remember to practice self-care to ensure you can fulfill your role as a strong and resilient single mother. By taking care of yourself, you empower yourself to be the best parent you can be for your children.

NOTES

Teresa is a third-year law student in Chicago committed to advocating and supporting survivors of gender and power-based violence. With a longstanding interest in family law, she aspires to pursue a career in this field after graduation. Her goal is to create a meaningful impact by being a voice for those who may struggle to find their own, providing the necessary support and empowerment they need to navigate the legal system and achieve justice.

 

Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward. 

SAS offers women six FREE months of email coaching, action plans, checklists, and support strategies for you, and your future. All of it, delivered discreetly to your inbox.  

Join our tribe now and stay connected.

 

*SAS continues to support same-sex and nonbinary marriage. In this article, however, we refer to your spouse as husband/he/him.


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Remarried after divorce – Mickey & Krystal Lyles

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Think your marriage is doomed? Think you can’t find happiness in your brokenness?…..You can!! With the right tools and knowledge of how to maintain a positive cycle in your marriage you can overcome it all and have the dream relationship you’ve always wanted. Visit us at #restoredmarriageministry.com

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The Role of a CDFA in Your Divorce

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Going through a divorce is not just emotionally taxing, but it also brings a host of financial complexities that can have a profound impact on your future. Many individuals, while recognizing the need for legal advice during divorce, often overlook the critical role of a Certified Divorce Financial Analyst (CDFA). This oversight can be attributed to a common misconception equating financial advisors with stockbrokers, whose main focus is managing investments. However, the scope and expertise of a CDFA are much broader and specifically tailored to navigate the financial intricacies of divorce. We serve as your Financial Divorce Advisor.

The Emotional Turmoil and Financial Blind Spots

Divorce is a period marked by emotional upheaval. During such times, making sound financial decisions becomes exceedingly challenging. People are often not in the best state of mind to comprehend the long-term implications of their financial choices. As a result, they might make decisions that lead to higher taxes, unnecessary administrative fees, or unfavorable financial positions post-divorce. This is why you need a Financial Divorce Advisor and where the expertise of a CDFA becomes invaluable.

Why a Regular Financial Advisor Won’t Suffice in Divorce

Regular financial advisors are usually well-versed in general financial planning and investment management. However, they may not have the specialized knowledge or experience to handle the complexities of divorce. A CDFA has extensive training and expertise in specific aspects of divorce-related finances, such as tax implications, division of assets, spousal support calculations, and more.

The Comprehensive Role of a Certified Divorce Financial Analyst

1. Reviewing Current Financial Situation

One of the primary roles of a CDFA is to conduct an analysis of your current financial situation. This includes gathering all necessary financial documents, a thorough cash flow analysis, assessing income and expenses, evaluating assets and debts, and identifying any potential issues that could arise during the divorce process. By examining your finances from all angles, a CDFA can help you make informed decisions that will benefit you in the long run.

2. Assistance with Asset Valuation

If you’re going through a divorce, you understand the complexity of asset valuation and dividing property. It can be a challenging and emotional process, especially when it comes to identifying joint and marital property.

That’s why having professionals by your side is crucial. They play a pivotal role in ensuring a fair and equitable division of assets that aligns with legal requirements and your unique circumstances. They can also let you know when you may need to bring another professional such as a forensic accountant or a business valuator.

A divorce financial advisor’s expertise and attention to detail provide invaluable insights and comprehensive assessments, contributing to a just and balanced distribution of assets. Rest assured, you’re not alone in this journey. Seek guidance from professionals who can support you and help you navigate through this challenging time.

3. Divorce Financial Planning: Recommendations for Asset Division

When it comes to dividing assets in a divorce, it’s not as simple as aiming for a 50/50 split. That’s where a Certified Divorce Financial Analyst (CDFA) comes in. A CDFA helps you navigate the divorce financial planning process by providing expert recommendations on how to strategically divide assets. Their goal is to secure your financial future and ensure that you receive what you are rightfully entitled to. With their guidance, you can make informed decisions that will have a lasting impact on your life beyond the divorce.

I had the opportunity to assist a couple with a modest net worth of around $150,000. By evaluating their asset division strategy, I was able to save them more than $15,000 in taxes and administrative expenses. This experience highlighted the fact that you don’t have to be wealthy to benefit from financial guidance during a divorce.

4. Evaluating Tax Implications

Divorce can have significant tax implications that may impact both parties involved. It’s crucial to seek guidance from a divorce financial advisor who is well-versed in tax laws. A CDFA can provide valuable insight into how different settlement options could affect your taxes now and in the future. They can also recommend tailored strategies to minimize tax consequences, ensuring you make informed decisions that align with your financial goals and protect your long-term financial well-being. 

5. Identifying Financial Risks in Agreements

A significant aspect of effective financial planning involves the identification and meticulous management of potential risks. When it comes to divorce agreements, the Certified Divorce Financial Analyst (CDFA) plays a crucial role in identifying intricate details that may not be immediately apparent, such as what happens if your ex passes away and you were depending on them for child and/or spousal support. By carefully analyzing the financial aspects, the CDFA ensures that all potential risks are taken into account, providing comprehensive insights for informed decision-making.

6. Financial Planning for the Future

With their specialized training and expertise, a divorce financial advisor can provide valuable assistance in creating a comprehensive financial plan tailored to your post-divorce life. This may encompass not only budgeting strategies and investment options but also thoughtful considerations of potential career or education opportunities that can enhance your earning potential in the long run. By collaborating closely with a CDFA, you can collaboratively develop a solid and well-rounded financial plan that will pave the way for your financial stability and independence after the divorce process.

Take Control of Your Financial Future

Navigating a divorce without a clear understanding of its financial implications is akin to sailing uncharted waters without a compass. Divorce financial analysts that compass, guiding you through turbulent times to a secure financial shore.

If you are undergoing a divorce or considering one, don’t underestimate the importance of having a CDFA on your side. Reach out today to schedule a consultation to learn more about how a CDFA can be pivotal in safeguarding your financial well-being during and after your divorce. Remember, it’s not just about surviving your divorce financially; it’s about thriving in your new life ahead.

 

 

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What is a QDRO? This is Your Go-To Guide!

What is a QDRO? When people with retirement plans get a divorce in Texas, they often assume their retirement plans are separate property, and they get to take their retirement savings with them. This is usually not the case. Because Texas is a community property state, the court can award part of one spouse’s retirement plan to the other spouse.

When this occurs, a special order – called a Qualified Domestic Relations Order, or QDRO for short – must be prepared for the judge’s signature. The order tells the retirement plan administrator how to divide the retirement plan between the two spouses.

While this may sound like a relatively straightforward process, it is anything but. Preparing a QDRO is complex and arduous, even for the most experienced family law attorneys. That’s why most attorneys outsource this time-consuming and complicated process to professionals specializing in this highly technical aspect of divorce.

Varghese Summersett is one of the few law firms in the state that handles QDROs. Led by attorney Wade Griffin and his legal assistant, Sarah, our QDRO team has decades of experience preparing and getting QDROs approved for clients and attorneys throughout the state.

What is a QDRO? QDRO Basics

In Texas, a QDRO is a legal mandate by a judge to divide a portion of an employee’s retirement, pension, or deferred compensation plan as part of a divorce settlement. It is a specific order, separate from the divorce decree, that orders the retirement plan administrator to cut out the non-participating spouse’s portion and assign it to a separate account for the spouse receiving the divided portion.

The purpose of a QDRO in Texas is to provide a legal mechanism for dividing retirement assets between spouses upon divorce without incurring penalties for early withdrawal from the retirement account. It outlines how the retirement assets will be split and ensures that the division is recognized by the plan administrator and distributed accordingly.

A QDRO can also be used to enforce child support payments or even designate a child or another dependent as a beneficiary to receive a portion of the retirement account’s assets.

Types of Retirement Plans Covered by QDROs

QDROs are applicable to a wide range of retirement plans, primarily those covered under the Employee Retirement Income Security Act of 1974(ERISA). These include, but are not limited to, the following types of plans:

  • Defined Contribution Plans (401k), 403(b)457
  • Defined Benefit Plans (Pension)
  • Thrift Saving Plans (TSP)
  • Employee Stock Ownership Plans (ESOPs)
  • Government (FERS) and Military Retirement Plans

It’s important to note that QDROs do not apply to Individual Retirement Accounts (IRAs). The division of these assets in a divorce is typically handled through a process outlined in the divorce decree and does not require a QDRO. However, it may require a process similar to a QDRO.

 

Varghese Summersett Family Law Group

 

The QDRO Process

Obtaining a QDRO is a multi-step process that involves determining retirement assets, drafting the document, seeking pre-approval from the plan administrator, and obtaining court approval. Every step is important to confirm the QDRO’s validity and enforceability. That’s why having an experienced QDRO attorney handle this process is so important. Here’s an overview of the process:

1. Determine the Portion of the Retirement Assets to Be Awarded

The first step involves a thorough analysis and determination of how the retirement assets will be divided between the two parties. This process includes evaluating the retirement plan and its assets, considering any pre-marital contributions or separate property claims, and understanding the tax implications of the division.

2. Draft the QDRO

Once the division of assets is determined, the next step is to draft the QDRO document. This step is intricate and requires understanding the specific requirements and rules of the retirement plan; using precise legal language to ensure the order is clear, comprehensive, and compliant with the plan’s guidelines and federal regulations; and including all required personal and financial information. The QDRO must also specify the exact amount or the method used for calculating the division of retirement benefit, which could be a fixed amount, a percentage of the account balance, or a formula based on the years of marriage during which the participant was a member of the plan.

3. Obtain Pre-Approval by the Plan Administrator

Before submitting the QDRO to the court for approval, it’s advisable to seek pre-approval from the plan administrator. This step involves submitting the drafted QDRO to the retirement plan’s administrator for review, ensuring the document meets all plan-specific requirements and federal laws to avoid rejection, and making any necessary revisions based on feedback from the plan administrator to expedite the final approval process.

4. Obtain Court Approval

After the QDRO is pre-approved by the retirement plan administrator, it must be submitted to the court for final approval. Once signed, establishes the QDRO as a legally binding document, making it enforceable and ensuring the division of retirement assets as specified in the order.

5. Submit to the Plan Administrator & Distribution of Assets

After the judge signs off on the QDRO, it is submitted to the retirement plan’s administrator. This official document serves as the legal directive for the plan administrator to comply with the court’s order regarding the division of the retirement plan assets. The distribution of assets to the alternate payee might be immediate, deferred until the participant retires, or based on another schedule as stipulated in the QDRO. The distribution method (lump sum, periodic payments, etc.) will also follow the QDRO’s terms and the plan’s rules.

Common QDRO Mistakes

As with any complicated legal process, mistakes and mishaps can occur.  Here are the most common mistakes we see when others attempt to prepare and file QDROs.

Incomplete or Incorrect Information

Preparing a QDRO is a very involved process. One of the most common mistakes is submitting incomplete or inaccurate information. This can lead to:

  • The rejection of the QDRO by the retirement plan administrator
  • Delays in the processing of the QDRO
  • Potential additional costs to correct the errors
  • Misallocation of retirement assets

Failure to Obtain Pre-Approval from Plan Administrator

Another common error is failing to obtain pre-approval from the plan administrator. Pre-approval is important because it ensures that the QDRO meets the plan’s set requirements and qualifications. Neglecting this step can lead to complications, such as delays in finalizing the QDRO and unforeseen issues with the division of retirement benefits.

Not Considering All Retirement Assets

When you’re dealing with complex financial documents, it’s possible to overlook certain retirement assets. It’s imperative to carefully review all retirement assets to prevent the inadvertent omission of any retirement benefits that should be divided. Failure to do so could lead to an unjust settlement or potential legal disputes in the future.

Not Filing Quickly

A QDRO should be filed promptly during the divorce proceedings. Dividing retirement assets can be a complex process, and any delay can lead to complications such as legal disputes or loss of benefits.  Obtaining a QDRO, from drafting to court approval, can take a few weeks to months, so it is recommended that you start the process early.

Helping Other Attorneys with QDROs

Drafting a QDRO can be a challenging and demanding process, even for the most experienced family law attorneys. Our firm takes the headache out of preparing a QDRO and getting it approved by the plan administrator.

Once the divorce case is settled or the judge has made a ruling, the attorney responsible for preparing the QDRO can provide a copy of the ruling to our law firm, along with a short information form (which can be accessed by clicking the button below.) We will prepare the QDRO, get it pre-approved with the plan administrator, and return it to the attorney. The attorney will simply enter the order, along with the divorce decree, and return a certified copy to us. We will then submit the QDRO to the plan administrator for final approval and asset distribution. The attorney will receive a copy of the approval documentation for his or her file.

That’s it. We do all the heavy lifting.

J. Turner Thornton
Partner, Varghese Summersett Family Law Group

 

Turner Thornton is a highly-regarded Fort Worth family law attorney who leads Varghese Summersett Family Law Group. A skilled negotiator and experienced litigator, Turner has successfully guided hundreds of individuals and families through the most tumultuous time of their lives.

Divorce, child custody disputes, and property division are among the most contentious and complex cases in the legal system. Turner understands the intricacies and complexities involved in family law and works strategically to find and implement the best strategy for each client. While many cases are resolved through mediation, others require an aggressive courtroom battle. Turner is skilled in all aspects of case resolution and treats every person who walks through his door with honesty, professionalism, and compassion.

In addition to being a highly adept lawyer, Turner is also a family man with deep ties to the community. He was born and raised in North Texas along with his older sister, Katie. He attended Martin High School in Arlington. After high school, Turner attended the University of Texas at Austin, where he graduated in 2009. Afterward, he returned to the Dallas-Fort Worth Metroplex to attend Texas A&M University School of Law (formerly Texas Wesleyan University). There, he obtained his law degree and also met his future wife, Alex – who is a defense attorney at Varghese Summersett. Turner and Alex have a young daughter. They are also the proud parents of two dachshunds, Clifford and Annie. Learn more and contact Turner.

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Fair Divorce | Nuclear and Extended Family Dynamics

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The Impact of Separation, Divorce and Blending New Families

In the intricate landscape of family dynamics, the processes of separation, divorce and blending new families can introduce profound shifts in both nuclear and extended family structures. These transitions carry far-reaching implications, influencing the well-being of family members and shaping the resilience and adaptability of familial bonds. Let’s delve deeper into how these transformations impact both nuclear and extended families, exploring the challenges, conflicts and opportunities for growth that arise along the way.

Impact on Nuclear Families:

1. Separation and Divorce:

   – When a nuclear family undergoes separation or divorce, it can trigger a cascade of emotional upheaval and adjustment for all members involved. Children may experience feelings of loss, confusion and insecurity as they navigate changes in living arrangements and family dynamics.

   – The stress and conflict associated with separation or divorce can strain parental relationships, leading to challenges in co-parenting and communication. Financial pressures may also exacerbate tensions, impacting the overall well-being of family members.

   Example: The Johnson family faces the challenges of divorce as parents navigate co-parenting responsibilities while balancing work and financial obligations. Children may struggle with divided loyalties and emotional distress as they adjust to living in separate households.

2. Blending New Families:

   – Blending new families through remarriage or cohabitation can introduce additional complexities to nuclear family dynamics. Step-parents and step-siblings may grapple with feelings of insecurity, jealousy and resentment as they adjust to new roles and relationships.

   – Establishing boundaries, fostering open communication and building trust are essential for navigating the challenges of blending new families. Patience, empathy and flexibility play crucial roles in fostering harmony and unity within the reconfigured family unit.

   Example: The Smith family undergoes the process of blending new families as parents remarry, introducing step-siblings into the household. Negotiating shared responsibilities and navigating interpersonal dynamics requires patience and understanding as family members forge new bonds and identities.

Cultures where nuclear families generally transition well through separation, divorce and blending new families

1. Sweden:

   – In Swedish culture, nuclear families typically navigate separation, divorce and blending new families with relative ease. The country’s progressive social policies, including comprehensive support for childcare and parental leave, contribute to the well-being of family members during transitions.

   – Cultural values emphasising individual autonomy, gender equality and open communication also play a significant role in facilitating healthy transitions within nuclear families.

2. Canada:

   – Canadian society values inclusivity, diversity and support for family units undergoing transitions. Nuclear families in Canada often have access to a range of support services, including counselling, legal aid and financial assistance, which aid in navigating separation, divorce and blending new families.

   – Cultural norms promoting resilience, adaptability and a sense of community contribute to successful transitions within Canadian nuclear families.

3. Denmark:

   – Danish culture places a strong emphasis on family stability and well-being, providing a supportive environment for nuclear families facing transitions. The country’s welfare system offers extensive support for childcare, education and social services, alleviating some of the stress associated with separation, divorce and blending new families.

   – Cultural values emphasising trust, collaboration and mutual respect foster healthy relationships and effective co-parenting arrangements within Danish nuclear families.

Also read Divorced & Blended Family Challenges (interviews with divorce experts)

Impact on Extended Families:

1. Separation and Divorce:

   – Separation or divorce within extended families can disrupt established support networks and familial bonds, leading to feelings of isolation and conflict. Extended relatives may struggle to navigate loyalty conflicts and maintain relationships with divorced family members.

   – The emotional toll of separation or divorce reverberates through extended family networks, impacting the well-being of relatives and contributing to stress and interpersonal tensions.

   Example: The Patel extended family experiences the strain of divorce as cousins, aunts and uncles grapple with divided loyalties and fractured relationships. Maintaining connections and supporting divorced family members becomes challenging amidst emotional turmoil and conflicting allegiances.

2. Blending New Families:

   – Blending new families within extended family settings can foster a sense of inclusivity and cohesion, but it also poses challenges in negotiating shared roles and responsibilities. Extended relatives may struggle to integrate new family members and navigate competing interests and loyalties.

   – Cultural norms and traditions may influence the acceptance and integration of new family members within extended family networks, requiring sensitivity and open-mindedness to bridge differences and foster acceptance.

   Example: The Garcia extended family embraces the process of blending new families as cousins marry and introduce spouses and step-children into the fold. Negotiating cultural expectations and fostering acceptance and inclusion becomes essential in preserving familial harmony and unity.

Cultures where extended families generally transition well through separation, divorce and blending new families

1. Italy:

   – In Italian culture, extended families often serve as pillars of support and stability during times of transition. Family ties are deeply rooted and relatives typically rally together to provide emotional, practical and financial assistance to members undergoing separation, divorce or blending new families.

   – Cultural traditions promoting close-knit family bonds, communal living arrangements and shared responsibilities contribute to successful transitions within Italian extended families.

2. India:

   – Indian culture places a strong emphasis on family cohesion and collective responsibility, fostering resilience and adaptability within extended family structures. Relatives offer emotional support, guidance and practical assistance to family members navigating separation, divorce and blending new families.

   – Cultural values such as filial piety, respect for elders and interdependence create a supportive environment for individuals facing transitions within Indian extended families.

3. Greece:

   – Greek society values strong family ties and intergenerational relationships, providing a robust support system for extended families undergoing transitions. Relatives often come together to offer emotional support, share resources and maintain connections during times of separation, divorce or blending new families.

   – Cultural traditions emphasising hospitality, generosity and loyalty foster resilience and unity within Greek extended families, enabling successful transitions even amidst challenges.

Also read Resilience: Attitudes & Skills

Navigating Transitions with Resilience:

In navigating the complexities of separation, divorce and blending new families, resilience and adaptability emerge as key pillars of support. Open communication, empathy and a willingness to navigate challenges together can foster understanding and unity within both nuclear and extended family units. By acknowledging the impact of these transitions and prioritising the well-being of family members, individuals can navigate periods of adversity with strength, compassion and resilience.

Ultimately, while separation, divorce and blending new families may introduce challenges and conflicts, they also offer opportunities for growth, transformation and deeper connections within familial bonds. By approaching these transitions with empathy, patience and a commitment to fostering unity and understanding, families can emerge stronger, more resilient and more deeply connected than ever before.

Posted by Sinta Ebersohn (creator of www.fairdivorce.co.za – Cape Town, South Africa)


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